Professional Conduct Casebook: Third Edition

Author(s)	By Kenneth Hamer (Barrister, Barrister, Inner Temple).
Publisher	Oxford University Press
ISBN	9780198817246
Practice Area	Law as it applies to other professions
Format	Paperback / softback
Pages	1308
Published in	United Kingdom
Published	25 Apr 2019
Availability	Available

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The number of regulatory and disciplinary cases coming before the courts has increased dramatically in recent years. This indispensable guide covers every aspect and issue arising in the course of professional conduct proceedings, from absence of the practitioner right through to the unrepresented practitioner and witnesses.

Professional Conduct Casebook: Third Edition - ISBN 9780198817246

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There are approximately 100 new cases each year coming before the higher courts dealing with regulatory and disciplinary issues. Cases involving health care professionals, the legal and accountancy professions and the police, including the Independent Police Complaints Commission, are heard daily in the Administrative Court in London or in Manchester, and cases concerning financial services are regularly heard in the Upper Tribunal. Frequently cases go on appeal to the Court of Appeal and occasionally to the Supreme Court. Additionally, cases involving issues of professional conduct are heard in the Court of Session in Scotland and the High Court in Northern Ireland. Now in its third edition, Kenneth Hamer's Professional Conduct Casebook is a leading authority and continues to be the only book to provide comprehensive coverage of the growing body of case law in this developing area. Containing 85 chapters in an easy-to-use A-Z format, it analyses all key professional conduct and competence cases in one single volume, distilling the general principles from the legislative framework and offering lucid and informed summaries for today's busy practitioner. Key words included in the margin beside each case enables the reader to see at a glance the critical features of the case in question. The book covers every issue arising in the course of professional conduct proceedings, from absence of the practitioner through to the unrepresented practitioner and witnesses. The author expertly identifies all of the relevant source material that needs to be considered when confronted by a specific issue, and provides clear, practical guidance. Each chapter examines the legal framework of all the applicable statutory and non-statutory provisions, details any relevant guideline remarks which set out general principles, and summarizes all relevant case law. The book is an indispensable source of reference for every regulatory and disciplinary lawyer, and all professionals engaged in this work.

Table of Contents

1: Absence of the Practitioner 2: Abuse of Process 3: Adjournment 4: Amendment 5: Appeals 6: Appeals by the Regulator 7: Bad Character 8: Bias 9: Burdon of Proof 10: Case Management 11: Civil Restraint Orders 12: Concurrent Proceedings 13: Conditions of Practice Orders 14: Consensual Disposal 15: Constitution of Panel 16: Conviction and Caution Cases 17: Costs 18: Deficient Professional Performance 19: Delay 20: Disclosure, Confidentiality, Data Protection, and Freedom of Information 21: Dishonesty (General Principles) 22: Dishonesty (Sanction) 23: Disposal without Oral Hearing 24: Double Jeopardy 25: Drafting of Charges 26: Erasure 27: Estoppel 28: Evidence 29: Experts 30: Findings of Fact 31: Fines 32: Galbraith Submissions 33: Good Character 34: Health (Adverse Physical or Mental Health) 35: Human Rights 36: Impairment of Fitness to Practise 37: In Camera Discussions 38: Independent and Impartial Tribunal 39: Indicative Sanctions Guidance 40: Insight 41: Integrity (lack of) 42: Interim Orders (General Principles) 43: Interim Orders (Extension of Interim Orders) 44: Investigation of Allegations 45: Joinder 46: Judicial Conduct 47: Judicial Immunity 48: Judicial Review 49: Jurisdiction 50: Language (Knowledge of English) 51: Legal Assessors 52: Legally Qualified Chair 53: Legal or Other Representation 54: Legitimate Expectation 55: Medical Advisers 56: Misconduct 57: Natural Justice 58: Negligence 59: No Case to Answer 60: Notification Requirements 61: Privilege 62: Proportionality 63: Public or Private Hearing 64: Publication and Anonymity 65: Reasons 66: Recklessness 67: References by the Professional Standards Authority 68: Registration 69: Re-Opening and Review of Decisions 70: Reprimand 71: Restoration to the Register 72: Review Hearings 73: Sanction 74: Service 75: Standard of Proof 76: Stay of Proceedings 77: Striking Off 78: Suspension 79: Undertakings and Warnings 80: Unrepresented Practitioner 81: Voluntary Erasure 82: Waiver 83: Whistleblowing 84: Witnesses 85: Words and Phrases

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Professional Conduct Casebook: Third Edition

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